It is a misdemeanor under California Vehicle Code 14601 to drive with a suspended license when aware that your driving privileges are suspended or revoked. You can only operate an automobile after the Department of Motor Vehicles (DMV) lifts the suspension. If police stop you while deliberately operating a car when your privileges are suspended, you will be arrested and charged. However, an arrest or charge does not make you guilty. Therefore, do not panic or try to explain the situation. Speak to an experienced driving crimes attorney.

At Monterey Criminal Attorney, we understand the statutes you are accused of contravening and the court process. We will use this knowledge to defend the charges for a reduction or dismissal.

Causes of Driving Privileges Suspension or Revocation

Before delving deeper into the offense of operating a car while your driver’s license is suspended, it is essential to understand the common reasons for suspensions. VC 14601 generally prescribes the offense of driving on a suspended driver’s permit. However, the reasons for the suspension are highlighted in the subsections of the statute and affect the penalties you will face after conviction. Therefore, it is crucial to understand the common causes of the suspension, as they will affect your sentencing based on the subsection under which you are charged.

The reasons the DMV will withdraw or cancel your license are:

  • Driving under the influence (DUI) of alcohol or drugs, regardless of whether the blood alcohol content (BAC) is within the designated limit of .08% or you are only impaired.
  • Refusal to submit a sample of blood or urine for chemical testing is a breach of the implied consent rule, which you agree to when you acquire a driver’s permit
  • Wet reckless driving, whether or not injuries are involved
  • Dry reckless driving, whether or not the victim sustained injuries
  • Gross negligent or negligent driving
  • Being designated a habitual traffic offender (HTO) for gaining multiple driving points on your record
  • Driving while mentally or physically incapacitated
  • Being involved in a car accident while driving with no valid insurance
  • Refusal to pay traffic tickets or show up for arranged court proceedings after issuance of a ticket
  • Evading law enforcement
  • Defaulting on child support

These violations result in the DMV's withdrawal or cancellation of your driving privileges. Nevertheless, the suspension duration varies from thirty days to forty-eight months. The longer the duration of the suspension, the harsher the legal penalties for a VEH 14601 violation conviction.

Legal Definition of Driving On A Suspended License

California statutes prohibit drivers from being behind the wheel while their driver’s license is suspended or revoked. Further, the regulations prohibit motorists from operating while knowing their driving privileges are suspended or withdrawn.

When charged with the offense, the prosecutor or district attorney (DA) should prove these elements to obtain a guilty verdict:

You Did Operate an Automobile on a Public Road While your DL Was Suspended

Proving license withdrawal or cancellation is easy for the prosecutor because these records are available in the DMV database. All police departments or stations will also be informed of the DMV's action once they decide on your license. The DA can retrieve these records and use them as evidence of the suspension.

You Knew of the Suspension When You Drove

Whether your license is suspended or not is rarely a matter of contestation in these charges, although it is possible these driving privileges could be withdrawn by mistake. As a result, the charges become a matter of knowledge of the DMV’s decision.

VEH 14601 assumes that you already know of the license withdrawal or suspension if:

  • The DMV notified you of the suspension or cancellation through a letter dispatched to your current address
  • The DMV did not receive a notice informing them that the letter was undelivered to the address in question
  • You received a letter from the DMV informing you of the suspension or cancellation
  • A law enforcement officer personally served you the letter, or a judge suspended the license while you were present in court.

California criminal law reserves the principle of rebuttable presumption. Therefore, you can contest the assumption by saying you knew of the decision to withdraw or cancel the driver’s license. You must back your assertion with evidence; otherwise, VC 14601’s assumption about your knowledge will remain, making you guilty of the offense.

For instance, if you are a senior citizen charged with a VEC 14601 violation, you can argue that your family members were worried about your capacity to drive safely because of a mental illness and, therefore, secretly requested the DMV to withdraw or cancel your privileges to keep you safe. The DMV revoked the license and mailed the notice to your address. However, when the notice was sent, you had relocated and were unaware of the suspension.

Even in this situation, the prosecutor can allege that you knew the letter because the DMV never received a notice of the letter as undelivered. Under these circumstances, it is evident you were unaware of the DMV’s decision, and your charge for VC 14601 will be dismissed. Thankfully, your attorney can further argue that the letter was never returned to the sender as undeliverable because the new owners of your former address disposed of it instead of returning it. The attorney can further submit proof that no mail was forwarded to your new address, making you completely unaware of the court’s decision.

VEH 14601 Subsections

VC 1460 prescribes the misdemeanor of operating an automobile on a revoked driver’s license. Under this statute, you must not operate any motor vehicle when your license is withdrawn or suspended.

Subsections of the statutes outline various reasons for the suspension and the legal penalties, as they depend on the reason informing the DMV or court’s decision. Discussed below is a breakdown of these subsections:

  1. VC 14601.1

Subsection 14601.1 of the Vehicle Code prohibits operating a vehicle with a withdrawn or revoked license despite the reason. It means operating an automobile after the DMV has suspended this right for whatever reason is a crime.

  1. VC 14602

Subsection 14601.2 covers operating a car while your DL has been withdrawn due to drunk or drugged driving. This is the subsection that carries the harshest punishment because of the reason for the suspension. DUI offenses whose convictions result in driving rights suspension under this subsection are:

  • VC 23152a DUI
  • VC 23152b DUI with a BAC of at least .08%
  • DUI of drugs
  • VC 23153 DUI causing injuries

If your license is suspended because of a conviction of these offenses, operating a car with the revoked license attracts severe penalties.

  1. VC 14601.3

You will be prosecuted under this subsection for operating an automobile on a revoked or withdrawn license if the suspension happens after you are declared an HTO. Typically, you are deemed an HTO if:

  • You have contributed to over three car accidents resulting in bodily harm or property loss not exceeding $750 within one year
  • You have engaged in at least three major traffic violations involving speeding within one year
  • You were found guilty of or caused accidents for reckless driving, exhibiting speed, or any other violation outlined under VC 14601 within twelve months.

The subsection forbids the accretion of driving violation records when the driving rights are suspended or canceled.

  1. VC 14601.5

Subsection 14601.5 highlights driving on suspended driving rights when the suspension by the DMV is because of failure to submit a sample for chemical testing or other drunk driving offenses. The reasons for suspension highlighted in this subsection are:

  • Declining to submit a sample for chemical testing to determine your BAC after drinking and driving suspicions.
  • Underage DUI with a BAC of .01% or involving refusal to submit a chemical test
  • Declining PAS when a device for the preliminary screen was unavailable as you were suspected of drinking and driving in violation of your DUI probationary conditions.
  • A high BAC of 0.1% while serving probation for a drunk driving conviction
  • Having a BAC of at least .08% while behind the wheel
  • Operating a commercial car with a BAC of at least .04%

Legal Penalties for Contravening VC 14601

Operating an automobile on a withdrawn or revoked driver’s permit is a misdemeanor. Therefore, the legal penalties for the violation include jail incarceration and hefty fines if the court convicts you of the offense. Nevertheless, you will not face prison incarceration.

The punishment for the offense differs depending on the reasons for the suspended driving privileges, your driving history, and whether you have a prior guilty verdict for driving while your driving rights are suspended.

A VC 14601 violation is also a priorable offense, meaning that the punishment for your current offense will depend on your driving record. The punishments for a first offense are lesser than for a second or subsequent guilty verdict. 

VC 14601 Penalties

VC 14601 punishes drivers with licenses suspended for offenses like reckless driving, gross negligence, incompetent driving, negligence, or drug addiction. When convicted for a suspension or cancellation stemming from any of these reasons, a guilty verdict will attract:

  • No more than 36 months of summary probation
  • County jail incarceration for between five days and half a year
  • Monetary court fines ranging from $300 to $1,000

VC 14601.1 Penalties

Subsection 14601.1 imposes penalties for driving with a permit suspended for general reasons. When the court issues a guilty verdict for violation of the subsection, you risk:

  • At most, six months of county jail incarceration
  • Court-imposed cash fines of at least $300 and no more than $1,000

VC 14601.2

Subsection 14601.2 prohibits being behind the wheel while aware your license is suspended because of a DUI guilty verdict. In the circumstances, a guilty verdict attracts:

  • No more than 36 months of summary probation
  • County jail incarceration for a minimum of ten days and at most half a year
  • $300 to $1,000 in monetary court fines
  • The requirement to install an approved ignition interlock device (IID)

The IID prevents the can from starting when it detects alcohol in your breath.

VC 14601.3

When you receive the title of a habitual traffic offender, resulting in the withdrawal of a driving privilege, and you continue driving with the same license, you risk charges and conviction under VC 14601.3. The legal penalties for contravening this subsection are:

  • 36 months of summary probation
  • Thirty days of jail incarceration
  • At most $1,000 in court financial fines

VC 14601.5

Refusing to submit to chemical testing can result in license suspension. If your suspension happened for this reason and you continue driving, you risk a charge under VC 14601.5. When convicted, the violation attracts:

  • At most half a year of jail incarceration
  • Court fines of no more than $1,000

Immigration Consequences

If you are a lawful permanent resident or legal migrant in the country, violating VC 14601 can result in harsh repercussions. Therefore, if you are an immigrant, consider hiring an attorney who understands these statutes and immigration laws to ensure that a conviction will not adversely affect your immigration status.

Fighting the Charges

An attorney who understands driving crimes can come in handy when contesting the VC 14601 charges. The common defense strategies the attorney can apply are:

  1. You did not have Knowledge of the Conviction

Proving you were behind the wheel while your DL was on suspension is insufficient for the prosecutor to obtain a guilty verdict. They should additionally show you knew or were aware of the suspension. The entire case is founded on knowledge, and if you can prove the letter mailed to you by the DMV did not reach you, then you are innocent, as you lacked knowledge of the suspension or cancellation when you drove.

  1. You Possess A Valid Restricted DL

After license suspension, if you can demonstrate to the DMV that you require the license, they can grant a restricted permit allowing you to drive only to limited areas like school, court, work, DUI class, or hospital. If, when you were arrested, you had the license and were driving within the restricted areas, possessing the special permit can act as a defense against the accusations, leading to charge dismissal as you did not violate the law. Nonetheless, you can only apply the defense when the reason for the driver's permit suspension is a DUI conviction.

  1. Unlawful Suspension

The DMV also makes mistakes and can sometimes suspend or cancel your license wrongfully. You could have been wrongfully convicted, and new evidence has been discovered that exonerates or vindicates you. Also, the police could have errored in the investigations leading to your conviction, making the decision unlawful and the subsequent penalties, including license suspension, illegal.

  1. Necessity

You can also defend against the charges by admitting that you drove on a suspended driver’s license but did so because it was necessary to prevent crime or save lives. This is called an affirmative defense. For instance, you can argue that your spouse had a medical emergency, and you could not wait for the ambulance, so you rushed her to the hospital. If you can demonstrate reasonable or justifiable reasons, the case could be dismissed or the charges reduced.

Plea Deals

When you put up a strong defense with compelling evidence, the DA will be compelled to enter a plea bargain where they reduce your charges to a lesser offense like driving on an invalid driver’s license or an infraction like a ticket for speeding.

The DA does not want to pursue a traffic violation, which is an infraction, and a conviction will only result in a small court fine and no jail incarceration. Therefore, they focus the state resources on serious crimes and suspend infractions. Nevertheless, before the decision, they will consider your criminal history and measures taken after the DMV decision to recover your license. If your record is satisfactory, they will suspend your charges.

Related Offenses

Several offenses can be filed alongside or in place of a VC 14601 violation. Typically, these offenses charged in lieu or with driving on a suspended license are lesser violations with lesser penalties. They include:

Driving Without a Valid License

VC 2500 prohibits you from operating a car on a highway unless you hold a valid driver’s license issued in accordance with this statute. The only people exempted from this rule are:

  • Government officials or workers operating government-owned vehicles
  • Operating an off-highway auto on a highway
  • An out-of-state driver who holds a valid license from the home state
  • A foreigner with a valid DL

When you drive without a license, you violate VC 2500(a). The contravention is chargeable as a misdemeanor or an infraction, depending on the case’s circumstances.

Before a conviction, the prosecutor should show that:

  • You drove on a public road, parking, or street
  • During the driving, you lacked a valid DL or were required to acquire a state one

Your DL is deemed valid; it is for the kind of vehicle you are operating, and you are not required to obtain a state DL.

A VC 2500 violation is very similar to driving on a suspended DL because for you to face the charges, the prosecutor only has to demonstrate that when you drove, the DL was invalid. Whether or not you knew the license was not current or you lacked one at all is irrelevant to the case.

Driving with an invalid DL is reduced to an infraction if it is your first offense and you have a clean record. An infraction attracts a court fine of $250. When you have a criminal record and are a repeat offender, a VC 2500 violation is filed as a misdemeanor whose guilty verdict attracts no more than half a year of jail incarceration and, at most, $1,000 in financial court fines.

Failure to Produce a DL

VC 12951 prohibits drivers from driving without a valid DL in their physical possession or not showing the DL to the stopping officer. The offense is an infraction, but the charges will be dismissed if you can produce a valid DL.

DL Reinstatement

After the lapse of the suspension period of your DL, you can apply for reinstatement, but only if you satisfy the conditions set by the DMV. These conditions include completion of DUI school, attending a defensive driving class, or completing the probationary term.

Do not assume that after the probationary term has lapsed, the DL will automatically be reinstated. Also, the end of suspension does not mean you should be back on the road driving. It will result in an arrest and VC 14601 violation charges.

You must petition for a reinstatement first. You do this by securing car insurance. When you obtain the coverage, the insurer issues you with an SR22 form. The DMV will require the form to show that the person insuring you understands the risk of issuing you coverage because of the recent DL suspension. Because of the increased risk, insurers will likely charge more for the same coverage, so you should do your research to obtain affordable coverage despite your record.

Once you have obtained SR22, you can contact the DMV with the proof of insurance. Further, you must deposit a DL reissue fee of no more than $125. The exact amount you will pay depends on the reason for the DL’s suspension.

License reinstatement is complicated, and you do not want to make any mistakes that could result in another suspension. Therefore, talk to a profound driving crimes attorney to help you with the process of having your valid DL back.

DMV Proceeding

You can prevent a VC 14601 violation before it happens by challenging the DMV’s decision to withdraw or cancel your DL. If the body lifts the suspension or reinstates the permit, you do not have to worry about charges for operating your car with a suspended DL.

You can fight a DMV suspension by requesting a hearing within ten days of being notified of the impending suspension. Ensure you have a lawyer for the hearing so that they can present evidence to save the permit. Failure to request the hearing will result in automatic DL suspension after thirty days.

Find an Experienced Driving Crimes Attorney Near Me

A driving offense can seem like a petty issue, but the ramifications upon conviction can be life-altering. You could accumulate many driving points that could result in penalty enhancement for subsequent convictions. Additionally, driving a car after your DL has been suspended because of the driving violation result in serious charges for VC 14601 violation and harsh penalties upon conviction. Thankfully, at Monterey Criminal Attorney, we have a proven record of successfully defending against charges of driving with a suspended DL and other driving violations. Call us at 831-574-1791 to start preparing defenses for a charge dismissal, acquittal, reduced charge, or lenient penalties.